Connell v. McGing [2000] IEHC 208 (8th December, 2000)

Connell v. McGing [2000] IEHC 208 (8th December, 2000)

Defendant is liable for breach of statutory and common law duty; delegation of statutory duty is not a defence; plaintiff's actions did not amount to contributory negligence under statutory duty principles; damages assessed based on agreed medical evidence and future loss of earnings.

Citation
[2000] IEHC 208
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Personal Injury Negligence Claim / Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Breach of Statutory Duty, Contributory Negligence, Workplace Safety
Tort Law Employment Law Negligence Breach of Statutory Duty Contributory Negligence Workplace Safety

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury Negligence Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant was negligent and breached statutory duty
  2. 2 Whether the plaintiff was guilty of contributory negligence
  3. 3 Assessment of damages

Ratio Decidendi

Defendant is liable for breach of statutory and common law duty; delegation of statutory duty is not a defence; plaintiff's actions did not amount to contributory negligence under statutory duty principles; damages assessed based on agreed medical evidence and future loss of earnings.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff £142,500.00 in damages
  • Defendant to pay plaintiff's costs